Tag Archives: Wills

Real Property – Adverse Possession – Trusts & Estates – Wills – Constructive Trust – Life Estate & Remainder (access required)

Dawkins v. Mozie Since her mother devised a .75-acre tract to her in 1992, and despite an eviction action by one of her sisters in 1994, plaintiff has refused to vacate the premises and has continued to live on the property. Plaintiff adversely possessed the property at issue for more than 10 years before she filed this adverse possession action in 2005.

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Trusts & Estates – Wills – Undue Influence – Power of Attorney – Presumptions & Rebuttals (access required)

Salerno v. Inman A testator’s attorney-in-fact/girlfriend rebutted the presumption of undue influence: there was no evidence that the power of attorney was ever used; the attorney-in-fact testified she did not know when the testator executed the power of attorney; there was no evidence that the testator did not have the opportunity to dispose of his property as he wanted; the attorney-in-fact took the testator to his lawyer’s office to revise his will in 2005...

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Domestic Relations – Common-Law Marriage – Will – Attorney’s Testimony – Cohabitation – Greeting Cards – Ring – Community Reputation – Income Tax Status (access required)

In re Estate of Duffy. (Lawyers Weekly No. 011-037-11, 4 pp.) (H. Bruce Williams, J.) Appealed from Beaufort County Circuit Court. (Marvin H. Dukes III, J.) S.C. App. Click here for the full text of the opinion. Holding: A Bluffton ...

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